Equity Flashcards
When is equitable relief appropriate
- Money damages are insufficient to fullly compensate for the harm
- Legal damages are uncertain and/or speculative
- Subject Matter is unique (ex: rare coin)
- The D is insolvent or
- Compensation for harm requires filing successive lawsuits
Elements of an injunction
- No adequate legal remedy
- Protectable right in involved
- Court enforcement of injunction is feasible, practical, and effective
- Hardship to D will not outweigh benefit to P
- No available equitable defenses that would defeat the entry of an injunction
What must a plaintiff show to obtain a Temporary Restraining Order (AKA: Preliminary injunction)
- Irreparable harm
- No adequate remedy at law, and
- Substantial likelihood of success on the merits.
What characteristic of personal property must be present to grant an injunction for conversation or trespass to chattel?
The chattel must be unique (antique, rare coin, etc)
Can you get an injunction for defamation?
Generally equitable relief is not available bcuz it will limit 1st amend rights.
BUT, if D threatens to make a statement that was already ruled by a court to be defamatory, then you can get a Prohibitory Injunction
What are the 2 types of injunctions
<> Prohibitory- “stop doing that” (writ of prohibition)
<> Mandatory- “Do the thing” (writ of mandamus)
In regard to trespass to land, what relief can the plaintiff get?
Both injunctive and monetary
To get specific performance for a contract, the plaintiff must show….
- The existence of a valid K
- Inadequacy of legal remedies
- Enforcement is feasible
- Mutuality of the remedy
- Absence of any defenses
*This is in the discretion of the court
When is a legal rememedy inadequate?
- Speculative K
- Insolvent D
- Could result in multiple lawsuits
- Subject matter is unique (ex: real prop)
In Florida, when does equitable conversion occur with an option K
When the option is exercised.
Risk of loss falls on the buyer, unless loss is caused by seller or vendor
What must you show to get specific performance for a covenant not to compete?
- Must be reasonable in time and geography
- Covenant is expressly contained in K
- Services involved are unique
- Covenant is reasonable
What are the types of contracts that you cant get specific performances for?
- Personal services K (bcuz it would be involuntary servitude.) Ex: Musician cants be forced to perform on a specific date
- Construction K’s
When may a court rescind a contract?
- Mistake of material fact
2. Mistake of law
Although mutual mistake of material fact would lead to K rescission if P relied up the fact, A unilateral mistake will generally NOT result in rescission UNLESS….
- Non-Mistaken party was aware of mistake, and took advantage of it
- Severe hardship would be suffered by mistaken party If forced to accept the bargain; or
- Non-mistaken Party has done nothing yet in reliance upon K.
Courts will consider reformation of a contract if….
- K was a valid agreement
- The original agreement was in writing; and
- Original agreement doesnt reflect the intent of the parties
* party seeking reformation has burden
